Loss of Job After Application

[samira_uk]

Hi,

One of my friend applied for spouse visa and now after two months from the application date (and it has not been decided yet) the sponsor in the UK lost his job and has not found a new one yet.

Now, my question is that whether they have to inform the UKVI? According to the rules the financial requirements should be met at the date of application and no where in the rules it is said that it should continue to meet after the date of application. However, on the other hand any change of circumstances should be reported to the UKVI.

So, what they have to do? Do they need to report it and in that case the visa will be refused (I cannot see any ground for refusal for that reason, any link would be appreciated)?

Thanks in advance

[MobeenSaeed]

One of my friend applied for spouse visa and now after two months from the application date (and it has not been decided yet) the sponsor in the UK lost his job and has not found a new one yet.

So, what they have to do? Do they need to report it and in that case the visa will be refused (I cannot see any ground for refusal for that reason, any link would be appreciated)?

I see two big reasons for it being refused, if HO is and/or not informed. The reasons being, starting by quoting a member, who commented on an older thread, somewhat related to this topic, but, relevant:

1) "ECO picks up the phone to the old employer HR department and says 'hey - Mr X is still employed there right?" and the HR guy says "No".

"Information passes in mid-air. Application gets rejected with 'deception'. Requires an appeal to overturn.

"Worth the risk?" - MPH80

immigration-for-family-members/changing ... 69154.html

And, finally, to quote another member, who made another relevant comment on a separate thread:

2) "Your current application is based on your old job continuing." - Casa

immigration-for-family-members/change-o ... 01683.html

[maneliuk]

Change of circumstances should be reported

[samira_uk]

Thank you for your reply however in the links you provided other members assumed that this may lead to refusal but I could not find an actual case being refused based on this.

Immigration rules clearly says that the employment should be active at the date of application and nothing said at all about it after the date of application. For example for the Tier 4 applicants it is requested that the money in the bank should be continued after application but there is no such thing for the spouse application. Also about the deception, the applicant provided documents that the employment was present at the date of application and the employer letter confirms it on the date of issuance and not after.

I cannot see any ground for refusal according to the immigration rules. However, I am looking for the similar cases and also the necessity for the reporting it due to the change of circumstances.

[MobeenSaeed]

Thank you for your reply however in the links you provided other members assumed that this may lead to refusal but I could not find an actual case being refused based on this.

That's the point though, the risk was high of it being refused in those cases when the scenario involved a change in employment. It stands to reason, the risk is degrees higher in the case when the employment has terminated.

Also about the deception, the applicant provided documents that the employment was present at the date of application and the employer letter confirms it on the date of issuance and not after.

The point about deception is, assuming you do not inform HO, and, if ECO ring the sponsor's ex-employers after the date of application, and, then were to find out, this does fall under the category of deception.

I cannot see any ground for refusal according to the immigration rules. However, I am looking for the similar cases and also the necessity for the reporting it due to the change of circumstances.

As mentioned above and my previous post, the probable grounds for refusal are very much likely and have been mentioned. My point of posting two quotes was to present two scenarios, namely that, if you do inform HO and/or do not inform HO, it's problematic either way, because of the following:

"1. If you notify the Entry Office of a change of employment your wife's application will be refused. You would have to show 6 months of payslips in your new job in order to qualify. Your current application is based on your old job continuing.

"2. If you don't notify the Entry Officer that you've changed jobs, if they call your employer to check you are still working (which they are likely to do), you old employer will say you've left...and your application will be refused." - Casa

immigration-for-family-members/change-o ... 01683.html

[ALKB]

Thank you for your reply however in the links you provided other members assumed that this may lead to refusal but I could not find an actual case being refused based on this.

Immigration rules clearly says that the employment should be active at the date of application and nothing said at all about it after the date of application. For example for the Tier 4 applicants it is requested that the money in the bank should be continued after application but there is no such thing for the spouse application. Also about the deception, the applicant provided documents that the employment was present at the date of application and the employer letter confirms it on the date of issuance and not after.

I cannot see any ground for refusal according to the immigration rules. However, I am looking for the similar cases and also the necessity for the reporting it due to the change of circumstances.

My brother-in-law's spouse visa application was refused because his wife lost her job while the application was ongoing. They hoped that all enquiries had already been made at that point but that was not the case. So, refused because employment was not ongoing.

It's logical. There is a minimum financial requirement that has to be met to cover living expenses for both the sponsor and the foreign spouse after the visa is granted. Which is clearly not the case if the employment the application is based on ceases.

[samira_uk]

Thank you again. Your new post actually repeating the previous one and I still could not find any actual that being refused based on this and the post you referred to does not show it as well.

Also, rules never says that the employment should be in force even after the application. Paragraph 5.1.1 is very clear about it:

Where the applicant’s partner (and/or the applicant if they are in the UK with permission
to work) is in salaried employment at the date of application and has been with the same
employer for at least 6 months prior to the date of application, they can count their gross
annual salary towards the financial requirement.

Visa officer cannot refuse a case just based on assumption and whim, it should be based on the rules and I'd be appreciated if you could show me based on what rules (and not the other post in Immgrationboards.com or other users' assumptions) employment should be present even after the employment?

As I showed you for Tier 4 application the rules clearly ask for the funds to be in the account even after the application date but there is no such thing for spouse applications.

Even if caseworker calls the employer there is no deception occurred as the letter was correct as the date of issue and applicant did not submit anything wrong. Also deception rules are more relaxed in spouse applications.

The only ground I can think of is the duty to report to HO and I am still looking to see any actual refused case.

[MobeenSaeed]

Thank you again. Your new post actually repeating the previous one and I still could not find any actual that being refused based on this and the post you referred to does not show it as well.

Visa officer cannot refuse a case just based on assumption and whim, it should be based on the rules and I'd be appreciated if you could show me based on what rules (and not the other post in Immgrationboards.com or other users' assumptions) employment should be present even after the employment?

Even if caseworker calls the employer there is no deception occurred as the letter was correct as the date of issue and applicant did not submit anything wrong. Also deception rules are more relaxed in spouse applications.

The proof is below. It should be pointed out, I mentioned this many times throughout this thread as a very probable reason for refusal. Perhaps now you can appreciate it.

My brother-in-law's spouse visa application was refused because his wife lost her job while the application was ongoing. They hoped that all enquiries had already been made at that point but that was not the case. So, refused because employment was not ongoing.

It's logical. There is a minimum financial requirement that has to be met to cover living expenses for both the sponsor and the foreign spouse after the visa is granted. Which is clearly not the case if the employment the application is based on ceases.

[samira_uk]

Thank you for your reply however in the links you provided other members assumed that this may lead to refusal but I could not find an actual case being refused based on this.

Immigration rules clearly says that the employment should be active at the date of application and nothing said at all about it after the date of application. For example for the Tier 4 applicants it is requested that the money in the bank should be continued after application but there is no such thing for the spouse application. Also about the deception, the applicant provided documents that the employment was present at the date of application and the employer letter confirms it on the date of issuance and not after.

I cannot see any ground for refusal according to the immigration rules. However, I am looking for the similar cases and also the necessity for the reporting it due to the change of circumstances.

My brother-in-law's spouse visa application was refused because his wife lost her job while the application was ongoing. They hoped that all enquiries had already been made at that point but that was not the case. So, refused because employment was not ongoing.

It's logical. There is a minimum financial requirement that has to be met to cover living expenses for both the sponsor and the foreign spouse after the visa is granted. Which is clearly not the case if the employment the application is based on ceases.

Thank you very much as it is a real case and makes more sense to me. Did they appeal it as again I cannot see a reason for that.

Being logical is not relevant as immigration rules are not logical sometimes! Again if a Tier 4 child student gets an offer for a 3 year course they need to show that they have money for up to just 9 months! Even if the course lasts 36 months ECO cannot ask a question about how you are going to fund the rest of the course.

Anyway, about your family, did they report it to HO?

[seagul]

See the following link where guidance is given as what to include from pakistani applicants. Read the settlement applications paragraph where no where it has been said that all the documents should be until the date of application will be considered for decision although for other non-settlement, pbs & EEA categories it has been mentioned. Therefore, informing caseworker should preferably be better. He/she may give decision on the documents submitted.

http://www.vfsglobal.co.uk/Pakistan/how_to_apply.html